Manak Mohta, J. - (1.) THESE appeals are directed by the Insurance Company as well as by the claimants against the judgment and award dt. 22.09.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jodhpur in MACT Case No. 113 of 1991 whereby; the learned Judge has partly allowed the claim petition in favour of claimants while holding the responsibility for the payment of compensation on the non -claimant -appellant and has awarded a total compensation of Rs. 2,28,432/ - plus interest @ 12% per annum from the date of filing the claim petition i.e. 21.12.1990.
(2.) BRIEFLY stated the facts of the case are that on 11.11.1990 at about 1.10 p.m. Ganpat Singh (deceased) was coming towards Jalorigate, Jodhpur on his Scooter bearing No. RNJ 8388. As soon as, he reached near Chief Medical & Health Office, a Bus being No. RJ -19P -555 which was coming from his opposite side and was being driven rashly and negligently at a high speed by its driver Roopa Ram (non -claimant -respondent No. 6), who hit the scooter, as a result of which, Ganpat Singh fell down from his scooter on the road. The scooter was completely damaged and Ganpat Singh sustained severe injuries on his person. The injured was brought to M.G.Hospital Jodhpur by one Gyan Singh. The injured Ganpat Singh was admitted in the Hospital on 11.11.1990 for treatment but he expired on 17.11.1990 due to the said injuries. The said bus was stated to be owned by Smt. Musveer Mehar and insured with the appellant -Insurance Company. At the time of accident, the deceased Ganpat Singh was 50 years of age and he was working as Head Master in Government Upper Primary School, Daikara Tehsil Luni Dist Jodhpur and he was drawing salary Rs. 3276/ - per month. It was also alleged by the claimants that they were dependent on the income of deceased and due to untimely death of Ganpat Singh in accident, his parents, wife and children suffered loss of income as well as suffered loss of love and affection, hence, the legal heirs of deceased Ganpat Singh filed a claim petition for grant of Rs. 8,00,000/ - as compensation under different heads. It was prayed that the claim petition may be allowed and reasonable compensation be awarded.
(3.) FROM perusal of the record, it appears that non -claimant -respondents Nos. 6 and 7 driver and owner of the Bus did not appear before the learned Tribunal, as such, ex -parte proceedings were initiated against them.;